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Notice2026-188472026-09-15

Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Cleanup, and Liability Act

Justice Department

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Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Justice On September 10, 2026, the Department of Justice lodged a proposed ( printed page 58471) consent decree with the United States District Court for the District of New Jersey in the lawsuit entitled United States v. Environmental Resource Holdings, LLC, Civil Action No. 2:26-cv-11675. The United States filed this lawsuit on behalf of the Environmental Protection Agency (“EPA”) under the Comprehensive Environmental Response, Cleanup, and Liability Act, 42 U.S.C. 9601 et seq. In its complaint, the United States seeks the performance of initial remedial work for Operable Units 2 and 4 of the Diamond Alkali Superfund Site in New Jersey. The proposed consent decree requires the defendant to perform this work, which includes construction of an upland processing facility and several upland support facilities that would enable dredging and capping work in the Lower Passaic River. The construction includes a facility to handle sediment dredged from the river before it is sent for off-site disposal. The upland support facilities would provide land and infrastructure needed to support future in-river construction work. The defendant will also sample the lower 8.3 miles of the river to establish a baseline and reimburse EPA for future oversight costs related to this work. The publication of this notice opens a period for public comment on the proposed consent decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Re

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Citation: 91 FR 58470